Listing Agreement Sample

OPEN LISTING REALTY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Agreement made and executed this ____ day of April 2022, in Silang, Cavite, by
and between:
____________________, of legal age, Filipino, single/married to

____________________, with address at _________________________, hereinafter
referred to as the OWNER;
- and –
JUAN PEDRO DELA REA, of legal age, Filipino, married to _________________,

with address at 123 Banana Street, Brgy. Poblacion 13, San Juan, Batangas,
hereinafter referred to as the BROKER;
W I T N E S S E T H: That –
WHEREAS, the OWNER is the absolute and registered owner of a parcel of land with
an area of ________ sq.m. , situated in the _________________________, particularly described as
follows:
Transfer Certificate of Title No. _______

(or Tax Declaration No. __________)
------------------------------
WHEREAS, the BROKER is a duly licensed real estate broker with Real Estate Broker’s
License No. __________ (expiring on __________), pursuant to Republic Act No. 9646 otherwise
known as the “Real Estate Service Act.” She is a member in good standing of the Real Estate
Brokers Association of the Philippines, Metro Tagaytay Chapter.
WHEREAS, the BROKER has offered to help, assist and support the OWNER in selling
the above-described property and the OWNER has graciously engaged and accepted the
services offered by the BROKER with the aim to negotiate the best possible price in the quickest
possible time for the above-described property.
NOW THEREFORE, for and in consideration of the foregoing premises written above,
the parties have agreed as follows:
1. Period. The OWNER lists the property described herein with the BROKER for a period
of _____ days, from date hereof. This period can be extended upon the mutual consent of
the parties based upon the written request of the BROKER submitted to the OWNER
prior to the expiration of the initial period given.
2. Service Rendered. The BROKER shall undertake to perform the following services in
relation to selling the real property of the OWNER:
(a) Marketing the property. – Marketing services include listing the property in the local
multiple listing service (MLS), placing advertisement in print media and on the
Internet, and hosting open houses;
(b) Reviewing contract. – Contract review may include providing advice on pricing,
(home inspection), or other contractual terms;
(c) Negotiating with potential buyers (or sellers);
(d) [Locating potential properties for prospective buyers;]
2
(e) Arranging for prospective buyers to inspect the abovementioned property;

(f) Providing prospective buyers as well as the OWNER with pertinent information
about the community such as relative property values, most recent selling prices,
property taxes and BIR zonal values;
(g) Apprising potential buyers of financing alternatives;
(h) Assisting in the formation and negotiation of offers, counter offers, and acceptances;
and
(i) Assisting with the closing of the transaction. – Closing services include assistance
with handling the paperwork, like drafting of the contract and other documents to
consummate the sale.
The BROKER may engage the assistance of a fellow licensed real estate brokers or a
licensed salesperson to hasten the search for a qualified buyer or purchaser for the said
property. The BROKER shall take care of the compensation of the “cooperating broker”
or licensed salesperson that will assist in closing the sale.
3. Commission. The OWNER agrees to pay the BROKER a commission of _____

PERCENT (___%) of the total contract price should the BROKER find a buyer or
purchaser ready, willing and able to pay at least PhP __________ for the property or
such other sum as may be accepted by the OWNER. Said commission is payable upon
closing.
4. Non-Exclusive. The OWNER retains the right to sell the property directly on his or her
own behalf with no compensation due to the BROKER, so long as the BROKER did not
find the eventual buyer or purchaser. The OWNER further has the right to list the
property with other brokers. However, if within three (3) months after this Agreement
terminates the buyer or purchaser found by the BROKER during the term of this
Agreement, and wherein the buyer or purchaser has been disclosed to the OWNER,
then the OWNER shall immediately pay the commission specified above to the
BROKER when the sale is made or closed.
5. Forfeiture of Earnest Money. If the earnest money is forfeited by a buyer or purchaser

produced by the BROKER, one half shall be retained by the BROKER: Provided, that
this amount does not exceed the commission stated in Paragraph 3, and one half shall be
paid to the OWNER. As understood in law, the earnest money shall form part of the
total purchase price for the said property.
6. Amendments. Should further details and clarifications of this Agreement be needed to

fully reflect the intents and purposes of the parties herein, the said parties shall execute
the necessary and corresponding addendums to this Agreement. The provisions of this
agreement may be amended or reformed upon the written initiation of the requesting
party subject to the written consent of the other party.
7. Arbitration. Any dispute, controversy or claim arising out of or relating to this

Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration
in accordance with Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules
as at present in force. The parties herein agree that there shall be a sole arbitrator to be
appointed by the PDRCI. The place of arbitration shall be in Tagaytay City and the
language to be used in the arbitral proceedings shall be English. Judgment on any award
may be entered in any court of competent jurisdiction in accordance with Republic Act
No. 9285, otherwise known as the “Alternative Dispute Resolution Act of 2004.”
IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and at
the place first above-written.
3
____________________ __________________
Owner Broker
PTR No. __________, dated _______________
SIGNED IN THE PRESENCE OF:
__________________________ __________________________
REPUBLIC OF THE PHILIPPINES)

CITY OF _______________. . . . . . . . ) SS.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of _______________, appeared the
persons of:
Name Government Issued I.D. No. Date/Place Issued or Expiry

-------------------------
-------------------------
presenting an integrally complete instrument or document entitled “Open Listing Realty

Agreement” consisting of three (3) pages including this page where this acknowledgment is
written, and has been signed on the left margin of each and every page thereof by all the parties
herein and their witnesses.
I hereby attest that the parties are personally known to me or identified by me through
competent evidence of identity as defined by the Rules on Notarial Practice of 2004, and they
represented to me that the signatures on this Open Listing Realty Agreement was voluntarily
affixed by them for the purposes stated therein, as well as their free and voluntary act and deed,
and if they acted in a particular representative capacity, that they have the authority to sign in
that capacity.
WITNESS MY HAND AND SEAL this ___ day of __________ 20__ in the place above
written.
NOTARY PUBLIC
Doc. No. ____;

Page No. ____;
Book No.____;
Series of 202_.

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OPEN LISTING REALTY AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

____________________, of legal age, Filipino, single/married to

JUAN PEDRO DELA REA, of legal age, Filipino, married to _________________,

Transfer Certificate of Title No. _______

(e) Arranging for prospective buyers to inspect the abovementioned property;

3. Commission. The OWNER agrees to pay the BROKER a commission of _____

5. Forfeiture of Earnest Money. If the earnest money is forfeited by a buyer or purchaser

6. Amendments. Should further details and clarifications of this Agreement be needed to

7. Arbitration. Any dispute, controversy or claim arising out of or relating to this

SIGNED IN THE PRESENCE OF:

REPUBLIC OF THE PHILIPPINES)

Name Government Issued I.D. No. Date/Place Issued or Expiry

presenting an integrally complete instrument or document entitled “Open Listing Realty

Doc. No. ____;

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